Civil Code section 2987, subdivision (d), subsection (2)(B), requires that lessors of vehicles which have been repossessed give the lessees a notice that contains this statement: “The amount you owe for early termination will be no more than the difference between the Gross Early Termination Amount stated above and (1) the appraised value of the […]
Defendant Served With Notice Of Violation Of The Consumer Legal Remedies Act (CLRA) May Not Maintain A Declaratory Relief Action To Establish There Was No Violation.
A consumer served a dietary supplement manufacturer with a one page notice and demand, pursuant to Civil Code section 1782 [ Consumer Legal Remedies Act; CLRA ] via certified mail contending that its product “Amberen,” was being marketed falsely and misleadingly as a “natural remedy for Menopausal symptom relief,” in violation of the CLRA. The […]
Class Action Judgment Against Auto Dealership Reversed In Part And Affirmed In Part.
This class action was brought by consumers who purchased automobiles. It was tried by the court, and judgment was entered in favor of defendant automobile dealership. The trial court awarded $1,503,084.50 to defendant in attorney fees and costs. The appellate court reversed portions of the judgment and affirmed other portions. The reversed portions included a […]
Heightened Standard For Pleading Fraud Met By Attaching Loan Documents To Complaint.
Plaintiffs’ complaint alleges, among other things, fraud and unfair business practices in the origination of plaintiffs’ residential mortgage loans, and negligence in the subsequent servicing of the loans, including negligent review of plaintiffs’ applications for loan modification. Plaintiffs contend the trial court erred in sustaining defendants’ demurrer when it concluded the complaint fails to allege […]
No Breach Of Confidentiality Because Plaintiff Does Not Allege Anyone Actually Read Stolen Medical Records.
A thief stole a health care provider’s computer containing medical records of about four million patients. The plaintiffs filed an action under the Confidentiality Act [Civil Code section 56.36], seeking to represent, in a class action, all of the patients whose records were stolen, with a potential award of about $4 billion against the health […]
Nonsuit Reversed In Breach Of Implied Warranty Of Merchantability Suit.
Plaintiff brought an action against a car manufacturer for breach of implied warranty of merchantability under Civil Code section 1792. The trial court granted the manufacturer’s nonsuit on the grounds that no reasonable jury could conclude a new vehicle sunroof that spontaneously opens and closes while driving constitutes a safety hazard in violation of the […]
Another Unlicensed Contractor Case. “There Are Eight Million Stories In The Naked City. This Has Been One Of Them.”
California has a goal of precluding unlicensed contractors from maintaining actions for compensation, in order to assure contracting is performed by licensed contractors. There have been legions of cases involving one peculiar situation after another. In the instant matter, plaintiff, the live person, became a licensed general building contractor in 1995, and operated a sole […]
Huge Award For Restitution And Penalties In Loan Modification Scheme.
The Attorney General brought an action seeking injunctive relief and restitution under California’s consumer protection statutes. The defendants operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. Although they represented to customers they never had a case in which a loan modification […]
Consumer Protection Statutes May Not Be Used To Fight Tax Overcharges By Retailers.
In a four to three decision, the California Supreme Court held that California’s consumer protection statutes may not be utilized when a retailer charges tax on take-out coffee, which is contrary to law. The majority opinion states: “We conclude that the tax code provides the exclusive means by which plaintiffs’ dispute over the taxability of […]
Wings Of Frequent Flyer Clipped.
An airline’s frequent flyer program contained a provision stating that an abuse of the program may result in cancellation of the member’s account. After the airline cancelled a member’s account, the member brought a class action alleging breach of the implied covenant of good faith and fair dealing. The United States Supreme Court held the Airline […]